Disclaimer / Waiver in United States

Disclaimer / Waiver 

Ordinarily a tort will imply a remedy – ‘for every right there is a remedy’. However a plaintiff may have waived their right, either expressly or implicitly. Where that waiver was knowing, (i.e. appreciating the risks and dangers) intelligent and voluntary (absence of coercion) that plaintiff will not be able to recover for they have accepted the risk and thus the damage.

To avoid tort liability manufacturors and merchants will often include disclaimer clauses in their sales contracts. However these clauses may – or may not – be declared void as against public policy.